USA visa needed for minor offence 45 years ago in USA ?

Eddieruss0927

I am a UK citizen and for my one and only visit to the USA 45 years ago I was convicted for an offence in the state of Florida they labelled as Vagrancy. I fell asleep on a public bench. I, and my two friends, were arrested and held under lock and key, together with other prisoners of unknown race, nationality and offences. I remember being fingerprinted for this offence as well. When in front of the judiciary authorities it was deemed that the time spent under lock and key, which was approximately 24 to 36 hours, was sufficient enough and were free to go. So, I have a criminal record in the state of Florida.

My question is do I need a visa to visit the USA as a tourist even after all this time? This would not necessarily be to Florida. Do I admit this offence when filling in paperwork, and if I don't what is the risk? I would be with my much loved partner and if anything happened to me would affect her, and a planned and expensive holiday could be ruined!?

I think the visa cost would be $160.

I welcome any thoughts, comments and advise.

DullGreyGuy

The US embassy recommend that if you have ever been arrested that you apply for a visa

Thankfully vagrancy isnt a crime considered to involve moral turpitude and so unlikely to make you ineligible for a visa. You dont say how old you were at the time? That will also help if under 18.

Ultimately the questions on the ESTA form shouldn't be triggered by such a crime however ESTA isnt guarantee of entry so you could get an ESTA but then be turned away at the border.

diystarter7

OP
Don't risk it, go via proper visa route.
It was nothing and 45 years ago.

They are good at picking up on certain people and once the leech on to you, they try and get their way, so better safe than sorry IMO
Good luck

Voyager2002

Ignore what the US embassy says: they always tell you to get a visa.

The key issue is whether or not vagrancy is a "crime involving moral turpitude". There is a post on this thread saying it is not, but you might care to pay a US lawyer to check, unless you can find an official website that tells you. If it is not a CIMT you are good to go.

Of course, if you are anxious and look guilty when you pass through US immigration, they will notice. At best that could mean a long and frustrating wait before you are allowed in (no fun when you are already tired after your flight): at worst it could mean being put on the next 'plane back and the loss of your holiday and everything you had paid for it. So I suggest you check the legal position and then make sure that you are very calm and relaxed once you meet US Immigration.

My advice, as always, is to visit either Cuba or Canada for a stress-free holiday that would be rather more enjoyable than one in the USA, but there are certain things and experiences that only the USA can offer.

Eddieruss0927

Thanks for your replies. I was 20 years old at the time. Forgot to say I'm a British passport holder. I see that The US embassy recommend that if you have ever been arrested that you apply for a visa. So surely I can't apply for an ESTA under the visa waiver programme because I have an offence in the US? So it's not valid in my case. I've read if I pay $160 and apply for a visa there are no guarantees anyway. No refunds. I don't think vagrancy (fell asleep on a public street park bench) is a crime of 'moral turpitude'. If an expensive holiday is planned involving £1000's I think $160 would be small fry anyway. Too risky not to apply? Probably, what do you think? What would you do in my shoes? I've lived most of my life without visiting the USA again, but I'd still like to go again. Canada seems like a good idea as well.

Marmaduke123

If you've got plenty of time before your planned holiday I would just apply for a visa. Your "crime" doesn't sound like a big deal, so hopefully it will be sorted out with an interview.

As you say, you don't qualify for an ESTA, and as your arrest was in the US your fingerprints may still be on the record.

DullGreyGuy

Eddieruss0927 said:
So surely I can't apply for an ESTA under the visa waiver programme because I have an offence in the US? 

You can always apply, and they can always so no... or worse they can say yes and turn you away at the border.

As stated above, the questions you are asked wouldnt require you to say "yes" to any of the killer questions. The one advantage of a visa is that a B2 visa is typically a 10 year visa and so were you to go every couple of years then the cost difference between a $160 visa and biannual $21 ESTAs is not that vast. 

Eddieruss0927

DullGreyGuy.. as you've said, what would be the point of me applying for an ESTA even if they say yes and then turn you away at the border!? I wouldn't qualify for an ESTA because of the conviction, What are the visa killer Q's? What is a B2 visa? it's not about any cost. What in your opinion would be the 'best' choice of my chances of obtaining a visa to the US in the year 2023?

DullGreyGuy

Eddieruss0927 said:

DullGreyGuy.. as you've said, what would be the point of me applying for an ESTA even if they say yes and then turn you away at the border!? I wouldn't qualify for an ESTA because of the conviction, What are the visa killer Q's? What is a B2 visa? it's not about any cost. What in your opinion would be the 'best' choice of my chances of obtaining a visa to the US in the year 2023?

The first point is the same for anyone... anyone who's not a citizen or green card holder in the US can be refused entry. ESTA, Visa etc vastly increase your chances but it's down to the person in the box at the border.

The killer Qs are the "have you ever committed genocide?" etc. The ones that get you an automatic no on the ESTA process.

B-2 is your basic visiting the US for a short time visa for tourism or business trip etc

If you decide you want to get a visa rather than risk an ESTA then you dont have a choice.

herebeme

The US embassy advises you apply for a visa if you have an arrest record, I would read that as a requirement. Do not ever lie in any dealings with US immigration forms or agents. 

B2 is a non-immigrant tourist visa for the USA. It’s the option for people who fail to meet the standard for visa-waiver entry, and others, for example that want to take a longer vacation than allowed under an ETSA. 

No one here can really advise you of your chances as we are not US agents, nor can any immigration lawyer make any guarantees to you. Honesty is very important, so applying for a visa helps demonstrate that quality, and one might conjecture, given how long ago this occurred, and if you have led a productive and crime-free life since, it will likely not prevent you getting a visa.

You fill in form DS-160. There are personal info sections, previous travel to the USA sections, family, work, and security sections, which includes this question: 

The B2 interview is short, you line up for ages outside, then wait for ages inside, get called to a window to drop your documents off, wait again for ages, get called to another window where you stand and answer some questions that are specifically related to your situation. Answer honestly, they are looking for ties to the UK (in other words, likelihood to return), stability, financial independence, and overall demeanour (they are trained to read body language). Given your type of crime, I would predict questions relating to that event, drugs, maybe alcohol abuse, arrest record in UK or elsewhere since, they may ask about what you have done in the period since you were in the USA. Answer clearly, concisely and truthfully. Try not to worry about it, they are just doing their job, you are explaining an incident from long ago. It’s hardly likely as a 65 year old on holiday that you are now going to be very keen on sleeping on park benches again!! 

If you have any paperwork related to your arrest then take it with you to the interview. If not, type out a factual statement including key dates, charges, location etc, you can refer to it during the interview if you need to. If you don’t remember exact dates, that’s fine, just say so. 
EDIT: if you don’t have details you may need to provide a sworn testament in advance, so add in potential cost for a solicitor for an hour or so.

I have actually had a couple of friends turned back at the US border for different reasons, (expansive as they lost their holidays!), but both were able to gain B2 visas for re-arranged trips. Save yourself the hassle and expense and apply for the visa first. 

Voyager2002

Eddieruss0927 said:

Thanks for your replies. I was 20 years old at the time. Forgot to say I'm a British passport holder. I see that The US embassy recommend that if you have ever been arrested that you apply for a visa. So surely I can't apply for an ESTA under the visa waiver programme because I have an offence in the US? So it's not valid in my case. I've read if I pay $160 and apply for a visa there are no guarantees anyway. No refunds. I don't think vagrancy (fell asleep on a public street park bench) is a crime of 'moral turpitude'. If an expensive holiday is planned involving £1000's I think $160 would be small fry anyway. Too risky not to apply? Probably, what do you think? What would you do in my shoes? I've lived most of my life without visiting the USA again, but I'd still like to go again. Canada seems like a good idea as well.

All that is relevant is US law. If you have ever been arrested for a crime involving moral turpitude (CIMT) then you need a visa. If you have been arrested for something that is NOT a CIMT then there is no need for a visa.

So your options are:
(i) just get an ESTA and go. Depending on how nervous you are on arrival, you might just be allowed in or someone might question you and check. Worst case: an unpleasant experience and the loss of a holiday;
(ii) find out from a US lawyer and/or an official website. This is what I would do. If it turns out that you do not need a visa then you can be relaxed about travelling, otherwise you could either reconsider your plans or get a visa, knowing that you need one and that you regard the USA as worth the trouble;
(iv) get a visa anyway, just to be safe. The issue with this is not so much the cost but the very long wait before an appointment is available, and the need to spend a full day in either London or Belfast. I understand that it is not a very nice experience either.